​Many people believe that the role of the physician is to treat and preserve human life. What happens when a hospital appears anxious to remove life support and permanently end the life of someone struggling to survive?

This is the case in a situation in Roseville, California, where the life of a 2 year old is literally hanging in the balance.

Brad Dacus joined Jim to discuss this issue. Brad is the founder and president of the Pacific Justice Institute. Brad served as legislative assistant to U.S. Senator Phil Gramm and went on to receive his Juris Doctor from the University of Texas School of Law. The Pacific Justice Institute defends religious liberties and parental rights and networks with hundreds of volunteer affiliate attorneys and handles more cases on the West Coast than any other organization of its kind. He is featured weekly on our network with the Legal Edge radio broadcast.

Brad was asked by the Life Legal Defense Foundation to intercede on behalf of 2 year old Israel Stinson. Israel was a normal, active 2 year old until early April when he appeared to have an asthma attack. He was admitted to Kaiser Permanente Medical Center, was eventually placed on a ventilator and pursuant to state standards of determining brain death, the hospital decided to 'pull the plug' on Israel.

Brad reported that when Israel's mother would speak he'd squeeze her hand and multiple times showed interaction with his parents so for the hospital to declare him brain-dead is of great concern.

This case points out the troubling fact that in California there's no due process protection in a case where someone wants to step in and make an appeal for an individual whose life is set to be terminated.

Brad was able to obtain a temporary restraining order from a judge in order to protect Israel. The hearing is set for May 11th. Brad will be seeking a preliminary injunction that would last for another 30 days.

There is an out-of-state institution that has been designated by Israel's parents that is willing to receive him for continued care.